Wisconsin Child Custody Legal Questions

I don't know what Connecticut has to do with this Wisconsin corner of the site. But in any event, hiring an experienced matrimonial lawyer is almost always worth the investment. Custody ad placement of children is usually determined, on a temporary basis, at a temporary order hearing (under this or some other name) very early in the divorce process. Although this is not supposed to be the permanent arrangement, once six or eight months pass, the court will likely think continuation of the present arrangement is. Stability is in the children's best interest. So the first stages of the divorce can actually be crucial.... Read More

You can do that. But it would be best for you to use either a standard power of attorney. There are Statutory forms available.) But considering the importance of the care of children, you really should consult a family law attorney, who can fine-tune the document to your very specific needs. Good Luck... Read More

Probably not. If the mother is truly incapacitated, the presumption is that the father would be the guardian of the children. If the father is not available, grandparents sometimes are. For a non-relative to gain custody the court would have to find that nobody else is available and can do the task properly. Her being a 'drunk' does not of itself say much about what kind of parent she is and a parent need not be perfect; none of us is. Good Luck... Read More

In Wisconsin the mediator does not have much say with he court. But why did your brother wait a year and a half from the time he was sent home? Something seems very strange. Did the mediator make any report and was it biased against your brother because he was sent home? Why bother with a video anyway esp. since what is said at mediation can not be used in court? Was there a lawyer involved in all this? If so, s/he has some responsibility and might have failed to fulfill it. In any event, I expect your brother's lawyer would tell him that they should file a new motion with the court, explain what has happened, explain the long delay, and ask for a new mediation, without these unusual conditions.... Read More

If you were divorced in Wisconsin or paternity established in this state, you are required to provide  60 days advance written notice of your intention to move out of state: you must do so by certified mail with a copy to the court and provide the other parent with the right to object of the proposed move within 15 days.... Read More

I'm not sure specifically what you are trying to say here other than you are apparently very upset that both the family court commissioner and judge assigned to your case both apparently ruled against you. Court commissioners and judges are to be impartial and fair in rendering their decisions; they should not be deciding cases based on being prejudiced or biased; however, judges and court commissioners are people and just like you may have your own feelings, prejudices and biases on normal day to day things, so do they. The court would not decide a case based on such prejudices or biases alone, but their own day to day opinions and feelings about life and other matters, certainly may have some input in their decision making. In order to assess what type of a case you have, you are well advised to consult with an experienced family lawyer first, prior to initiating your next motion in court to modify custody or placement; the laws are very strict on post divorce or post paternity judgment modifications as to changes in custody and placement, and what you may be feeling as to the court being biased against you, is really the court saying that legally you  do not have a case based on your evidence and they are forced to dismiss your case for lack of legal merit.... Read More

I cannot answer your other questions if you don't say what they are. As to losing custody of the other child, while it was a possibility, if by winning your case you mean that a court has ruled that medical neglect on your part has not been proven, it is far less likely that the authorities would try to remove the other child. It remains a possibility, but they will likely conclude that they have other fish to fry.... Read More

I recently posted a blog about this very topic at our web site; it is a frequently asked question; while the wishes of a child is a factor in determining custody and placement and the wishes of the child are to be generally  conveyed to the court by their court appointed guardian ad litem, the wishes of the child are not controlling. In some cases, the wishes of the children may arguably be against their own best interest. Under the law, children never get to decide where they want to live or how much time they want to spend with the other parent. From a more practical perspective, while the court may be concerned about the wishes of children under the age of 13, more likely than not , the court will not be particularly persuaded by the wishes of a child under 13; after 14 years of age, the court will listen more intently to the wishes of a child and it will carry some weight and consideration in the court's decision.... Read More

If you are under a court order to pay for 50% of your children's child care costs and your circumstances have changed since the divorce that you are now receiving some type of assistance and can no longer afford to pay for those expenses, you would be obligated to file a motion with the court to ask to be relieved of the divorce obligations. It is difficult to answer your question in any more specificity without knowing more of the facts from you.... Read More

You should file an immediate motion with the court to have your ex spouse's placement with the children suspended, until there can be a court guardian ad litem appointed to determine the extent of her drug problem, the physical violence between her and her boyfriend and the other issues you address. A less harsh approach would be to request supervised placement when mom has the children. I don't know when you were  divorced, how many children you have or what their ages might be, but as a parent you have an obligation to protect them. Mom obviously has some very serious issues going on in her life, which is unfortunate, but the protection of your children comes first.... Read More

As long as you are a legal resident of the US, your status should be no obstacle. Where is the other parent, however? I gather you are seeking a guardianship of the nephews which certainly sounds like a good idea. Retain an experienced family law attorney to advise and represent you it's almost always worth the investment. Good Luck.... Read More